31978R0905

No L 117/76 29 . 4 . 78 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 905 /78

of 28 April 1978

introducing a countervailing charge on cucumbers originating in Greece and Bulgaria

THE COMMISSION OF THE EUROPEAN of account below the reference price for two consecu­ COMMUNITIES, tive market days ; whereas a countervailing charge has therefore to be introduced for these cucumbers ; Having regard to the Treaty establishing the European Economic Community, Whereas Commission Regulation (EEC) No 845/78 of 26 April 1978 (6) has introduced a countervailing Having regard to Council Regulation (EEC) No charge on cucumbers originating in Greece ; 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (*), as last Whereas the entry prices available at present for these amended by Regulation (EEC) No 1 034/77 (2), and in two exporting countries allow the application of one particular the second subparagraph of Article 27 (2) charge, equal to the difference between the reference thereof, price and the arithmetic mean of the average entry prices established for each exporting country ; whereas Whereas Article 25 ( 1 ) of Regulation (EEC) No Regulation (EEC) No 845/78 should therefore be 1035/72 provides that, if the entry price of a product repealed ; imported from a third country remains at least 0-50 unit of account below the reference price for two Whereas, if the system is to operate normally, it consecutive market days, a countervailing charge must should be calculated for the entry price on the be introduced in respect of the exporting country following basis : concerned, save in exceptional circumstances ; — in the case of currencies which are maintained in Whereas Commission Regulation (EEC) No 244/78 of relation to each other at any given moment within 6 February 1978 fixing for the months February to a band of 2-25 % , a rate of exchange based on April 1978 the reference price for cucumbers (3) fixed their effective parity ; the reference price for Class I products at 50-47 units — for other currencies, an exchange rate based on the of account per 100 kilograms for the month of April 1978 ; arithmetic mean of the spot market rates of each of these currencies recorded for a given period in relation to the Community currencies referred to Whereas the entry price for a given exporting country in the previous subparagraph, is equal to the lowest representative prices recorded for at least 30 % of the quantities from the exporting country concerned which are marketed on all repre­ sentative markets for which prices are available, less the duties and the charges indicated in Article 24 (3) HAS ADOPTED THIS REGULATION : of Regulation (EEC) No 1035/72 ; whereas the meaning of representative markets is defined in Article 24 (2) of Regulation (EEC) No 1035/72 ; Article 1

Whereas, in accordance with Article 3 ( 1 ) of Regula­ 1 . A countervailing charge of 7-90 units of account tion (EEC) No 211 8/74 (4), as last amended by Regula­ per 100 kilograms net is applied to cucumbers falling tion (EEC) No 668 /78 (5), the prices to be taken into within subheading ex 0701 P of the Common consideration must be recorded on the representative Customs Tariff and originating in Greece and markets or, in certain circumstances, on other Bulgaria. markets ; whereas it is necessary to multiply the prices with the coefficients fixed in the first indent of Article 2. Regulation (EEC) No 845/78 are hereby 1 (2) of Regulation (EEC) No 244/78 ; repealed.

Whereas for Bulgarian cucumbers the entry prices calculated in this way have remained at least 0-50 unit Article 2 (') OJ No L 118, 20. 5. 1972, p. 1 . (2) OJ No L 125, 19 . 5 . 1977, p. 1 . This Regulation shall enter into force on 3 May 1978 . (3) OJ No L 37, 7. 2. 1978 , p. 11 . (4) OJ No L 220, 10. 8 . 1974, p. 20 . (5) OJ No L 90, 5. 4. 1978 , p. 5. (6) OJ No L 115, 27 . 4. 1978 , p. 39 .

29 . 4 . 78 No L 117/77 Official Journal of the European Communities

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 28 April 1978 .

For the Commission

Finn GUNDELACH

Vice-President